Texas Legislature Passes Law Banning “Sanctuary Cities”

A protestor at a march against President Donald Trump's proposed
immigration ban. Photo: John Gomez / Shutterstock.com

On May 3, the Texas Legislature passed a ban on so-called “sanctuary cities.” Republican Governor Greg Abbott has pledged to sign the bill into law.

Police officers will now be able to ask anyone they detain about their immigration status. Not only that, but police chiefs and sheriffs could be charged with a Class A misdemeanor, possibly resulting in jail time, if they fail to honor a jail detainer request from federal immigration agents. Not honoring a request would qualify as an official misconduct charge as well, which could cause the officials to be removed from office if they’re convicted for failing to comply with the law.

Local governments could also be fined $25,000 if they fail to comply with detainer requests from Immigration and Customs Enforcement.

The law extends to college campuses, but exempts churches.

Opponents have said that the Texas bill is a version of Arizona’s infamous SB 1070 law, which required police to ask about detainees’ immigration status. But the the Texas law doesn’t require officers to ask. It does, however, allow Texas police to ask about whether a person is in the U.S. legally, even if they’re not under arrest.

As has been the case in most of these cases where police officers have been instructed to inquire about people’s immigration status, sheriffs and police chiefs—particularly in heavily Democratic areas—say that it would make their jobs more difficult if immigrants become afraid of the police. Crime victims may be unwilling to come forward and report what happened to them, and witnesses would be less inclined to talk with the police.

“We don’t want walking while brown to become reasonable suspicion,” said Houston Democratic Senator Sylvia Garcia.

Maria Espinoza, co-founder of the conservative group The Remembrance Project, said in a statement, “At a time when mayors, sheriffs, and state houses are publicly and unlawfully placing the rights of illegal aliens over its citizens. Texas is sending a message that the safety and well being of Texas citizens will come first.”

Governor Abbott has already blocked $1 million in state grant funding to Travis County, home of, Austin, Texas’ most liberal city, after the county’s Democratic sheriff, Sally Hernandez, said in January that her jails would no longer honor ICE’s detainer requests.

Hernandez has since softened her stance and is now saying that decisions would be made on a case-by-case basis. She also said she would comply with the state’s ban if it becomes law.

Texas currently has no sanctuary cities.